Imagens das páginas
PDF
ePub

States will not operate to the prejudice of any just claim to said property held by Mr. Larkin.

"MONTEREY, September 3, 1847.

"R. B. MASON,

"Colonel 1st Dragoons, Governor of California.'

APPENDIX No. 30.

ASSISTANT QUARTERMASTER'S OFFICE,

San Francisco, California, June 6, 1847.

SIR In compliance with your instructions, the following report is submitted in relation to Mr. T. O. Larkin's land, in the vicinity of San Francisco. I am forced to believe that Mr. Larkin's title is not good, for the following reasons:

1st. The old fort, at the narrows, was built and has had guns mounted upon it for the last seventy or eighty years, it being the only work commanding the entrance to this bay.

The presidio or barracks hard by were built thirty five years since, by the Mexican soldiery, and have been occupied by a Mexican garrison for upwards of thirty years, they being the only quarters for troops on this side of the bay. It is but four or five years since the military commandant resided there; and, even at this moment, one or more old Mexican soldiers continue to reside there. Both these works are on the land claimed by Mr. Larkin.

2d. I am assured by General Vallejo and Colonel Prudhomme, (the latter a Mexican lawyer,) that it is contrary to the organic laws of Mexico to sell or convey away any lands which might be wanted for "forts, barracks, field works, and public purposes for defence;" and also that grants of land for farms, according to the Mexican colonization laws, are not to be made to come nearer than ten leagues of the seacoast. Mr. Larkin's land is all within one league of the coast; consequently, under both these laws, his claim is illegal.

Again, no land title is good in California until it has been approved by the departmental assembly, and Mr. Larkin's has no such approval.

It is also required that the alcalde of the town or district shall certify that each particular grant can be made without any prejudice to the public interest, or to private claims, before the grant can be made.

No such certificate was or could have been made, with reference to the grant in question.

3d. Repeated instructions, I am assured on the best authority, have been given from Mexico not to sell or grant any of the lands in or about this bay, which might be required for public purposes. Several attempts have been made by Senor Pina and Madam Briones, of this town, in the years 1843, 1844, and 1845, to obtain a grant of this same land, but they were all without success. When Angel island was granted to Senor Osio, such portions as might be required for public purposes were expressly reserved in the grant.

4th. Mr. Larkin's claim has signs of irregularity about it, which militate strongly against its validity:

1st. It is dated at the Pueblo de los Angeles, June 25, 1846, and is

signed by Pio Pico, as governor. Governor Pico left the pueblo on the 17th or 18th of June, and did not return until the 15th or 20th of July. On the 25th of June, Governor Pico was at Santa Barbara or farther north.

2d. It is upon unstamped, and therefore illegal, paper. If the governor's signature has the effect of making it legal, I am still informed that it is a strong indication of informality, if not fraud.

3d. There is but little more than half the land within its boundaries which his claim entitles him to.

[ocr errors]

4th. His claim comes within one mile of the custom-house or public buildings of the town of San Francisco, and this, I am told, is irregular and hitherto unknown, if not positively illegal.

Had my time permitted, this report would have been made at an earlier date, and would have been more complete.

1 am, sir, respectfully, your most obedient servant,

J. L. FOLSOM,

Captain, and Assistant Quartermaster.

Major THOS. SWORDS,
Quartermaster U. S. Army,

mento,

Sutter's Fort, Sacramento, California.

APPENDIX No. 31.

HEADQUARTERS S. M. DISTRICT, CALIFORNIA,

Ciudad de los Angeles, September 7, 1847.

SIR: The enclosed is all the information I can give in answer to the inquiries contained in your letter of the 23d August last, except that it is perfectly well understood, and can be proved, I am informed, that Governor Pico left here not later than the 17th of June, and did not return for at least four weeks; and that the deeds alluded to in the within were all signed the night before Pico left the pueblo, and when the United States was in possession of California and Commodore Stockton's forces between here and San Pedro, and were all antedated, which, of course, renders them void; besides, the proper forms were never complied with, and no departmental assembly has ever sat since to confirm the grants.

I have the honor to be, very respectfully, your obedient servant,
J. D. STEVENSON,
Colonel commanding S. M. District.

H. W. HALLECK,

Lieut. of Engineers, and Secretary of State

for the Territory of California.

[Memorandum accompanying the foregoing letter.]

Query 1. Cannot answer, but from the best oral information think there is no such prohibition.

Query 2. An exceptional decree said to exist respecting California; date, probably 1830, more or less.

Queries 3 and 4. Vide "La ley de Colonizacion," 18th August, 1824,

volume iii, orders and decrees of the Mexican Congress, edition 1829, and the "Reglamento" of 1828, defining the manner of granting vacant lands; both of which must exist in the archives of Monterey.

Translation of portion of a deed for land granted according to said law and regulations, date 1840: "Conceding to him said land, declaring it his property by these presents, he subjecting himself to the following conditions, and to the approbation or disapprobation of the Hon. Junta Departmental :

"ARTICLE 1. He can enclose it without prejudice to the crossing roads and obligations, (servidumbres,) shall enjoy it freely and exclusively, putting it to the use or cultivation most suitable thereto, but within one year he shall build a house, and it shall be inhabited.

"ART. 2. He shall solicit the proper justice to give him judicial possession, in virtue of this decree, which justice shall define the limits, in which limits, besides the landmark, he shall set out some fruit or useful forest trees.

"ART. 3. The land referred to (asked for) being of

extent, more

or less, according to the plan accompanying said petition, the justice who may give possession shall cause it to be measured according to regulations, the overplus (if any) remaining to the nation for such uses as may seem fit.

"ART. 4. In case he should violate any of the foregoing conditions he shall lose his right to said land, and it may be denounced by any other." Query 5. No such special instructions known of. If any, they can be found in the archives. General Vallejo, or ex-Governor Alvarado, most likely may be able to throw some light on the subject.

Query 6. From the testimony of divers residents in this pueblo, exGovernor Pio Pico left here June 18, 1846, and did not return till on or about July 21, 1846. References, Manuel Reynena, A. Stearns, A. Bell, and Ygnacio Valle.

It is a matter of common notoriety here, that grants of land were made by Pio Pico to the following individuals: Pliny F. Temple, W. Work. man, Antonio Cota, R. Den, Bery Wilson, H. Reid, and others, the deeds being made out and signed on or about August 9, 1846. Reference, A. Bell.

Two large boxes, said to contain the archives of the Departmental Assembly during its sessions in this place, were delivered by Don Luis Vigues, of this place, to the order of Commodore Stockton, in August last, supposed to have been put on board the Congress.

APPENDIX No. 32.

SENOR SUPERIOR POLITICAL CHIEF: Antonio Maria Osio, with the greatest respect, before you says, that since the year 1830 I have petitioned to have the island of Los Angeles, in San Francisco, granted to me for the purpose of putting a house thereon and breeding horses or mules. I now again do the same, hoping that you will be pleased to grant it to me-requesting at the same time that you will please to admit this petition on common paper, for want of the corresponding sealed paper. I swear, &c. MONTEREY, October 7, 1837.

ANTONIO MARIA OSIO.

MONTEREY, February 18, 1838. Let the military commandant of the frontier to the north of San Francisco report.

ALVARADO.

SENOR SUPERIOR POLITICAL CHIEF: The island of Los Angeles, mentioned in the present petition, may be granted to Don Antonio Maria Osio, as I know that he asked for it in the year 1830; but it will be well to make the provision, that when government wish to establish a fortress on the top or principal height thereof, no impediment shall be put in the way. MONTEREY, February 18, 1838.

MARIANO G. VALLEJO.

Gov't seal In view of the preceding petition, the report of the military of office. commandant of the frontier of the north of San Francisco, and all the rest which was borne in mind, to facilitate by all possible means the furtherance of the mercantile interests of our ports, as is recommended by the existing laws, I have by this decree granted to Don Antonio Maria Osio the occupation of the lands comprehended in the island called Los Angeles, situated within the port of San Francisco, that he may put it to the use which best suits him, establish a house, put on cattle, and do everything respecting the furtherance of his mercantile and agricultural interests, on condition that the government shall be allowed to establish a military fortification there whenever it may see fit."

The party interested shall present himself, with this decree, to the respective military commandancy, when it shall be recorded for the neces sary purposes.

Given in Monterey, department of California, the 19th of February, 1838.

JUAN B. ALVARADO.

APPENDIX No. 33.

Juan Bautista Alvarado, governor ad interim of the department of the Californias:

Being mindful of the merits of Don Antonio Maria Osio, and having in view the order addressed to this government by the supreme government of the nation, under date of the 20th of July last, authorizing the granting of the islands adjacent to the coast of this soil to natives, I have, in virtue thereof, granted to him the one which is within the port of San Francisco, known by the name of Los Angeles, with the boundaries which it naturally has, the limits of which are therefore not pointed out, as being sufficiently known.

I consequently command that these presents serve the said Senor Osio for a title; and holding it to be firm and valid, it be recorded in the cor

responding book, and be delivered to the party interested for his protection and further ends.

Given in Monterey on the 11th June, 1839.

JUAN B. ALVARADO.
MAN'L ZIMENO,
Gov't Secretary.

This title has been recorded in the book of records of titles upon the adjudication of lands, on the 2d page of folio 8.

ZIMENO.

DEPARTMENT OF THE INTERIOR,

April 14, 1849.

SIR: This will be handed to you by the Hon. T. Butler King, if there should be, in his opinion, occasion for so doing. The object of this letter is to impress upon you the desire of the President, that you should in all matters connected with Mr. King's mission aid and assist him in carrying out the views of the government, as expressed in his instructions from the Department of State, and that you should be guided by his advice and counsel in the conduct of all proper measures within the scope of those instructions.

I am, very respectfully, your obedient servant,

ADAM JOHNSTON, Esq., Indian Agent,

T. EWING, Secretary.

Sacramento and San Joachim, California.

DEPARTMENT OF THE INTERIOR,

Office of Indian Affairs, April 7, 1849.

SIR: I have the honor to enclose, herewith, a commission constituting you Indian agent at Salt Lake, California, to include the Indians at or in the vicinity of that place, and any others that may hereafter be designated by this department.

Your compensation will be at the rate of $1,500 per annum, in full of salary and all emoluments whatever, to commence as soon after the execution of your bond as a notification can reach the person now holding the appointment and receiving the salary, advising him of the change which has been made in the location of the agency, and of the discontinuance of his service and salary.

I enclose, also, the form of a bond to be executed by you, in the penal sum of $5,000, with two or more sureties, whose sufficiency must be certified by a United States district judge or district attorney.

So little is known here of the condition and situation of the Indians in that region that no specific instructions relative to them can be given at present; and the department relies on you to furnish it with such statistical and other information as will give a just and full understanding of every particular relating to them-embracing the names of the tribes,

« AnteriorContinuar »